Emblems and Names (Prevention of Improper Use) Act, 1950

commencement. – (1) This Act may be called the Emblems and Names (Prevention of Improper Use) Act, 1950. (2) It extends to the whole of India , and also applies to citizens of India outside India . (3) It shall come into force on such 1[date] as the Central Government may, by notification in the Official Gazette, appoint. 1.1st September 1950

In this Act, unless the context otherwise requires, - (a) “Emblem” means any emblem, seal, flag, insignia, coat-of-arms or pictorial representation specified in the Schedule; (b) “Competent authority” means any authority competent under any law for the time being in force to register any- company, firm or other body of persons or any trademark or design or to grant a patent; (c) “Name” includes any abbreviation of a name.

emblems and names. – Notwithstanding anything contained in any law for the time being in force, no person shall, except in such cases and under such conditions as may be prescribed by the Central Government use, or continue to use, for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trade mark or design, any name or emblem specified in the Schedule or, any colorable imitation thereof without the previous permission of the Central Government or of such officer of Government as may be authorized in this behalf by the Central Government.

companies, etc.- (1) Notwithstanding anything contained in any law for the time being in force, no competent authority shall,- (a) Register any company, firm or other body of persons which bears any name, or (b) Register a trade mark or design which bears any emblem or name, or (c) Grant a patent in respect of an invention, which bears a title containing any emblem or name, If the use of such name or emblem is in contravention of Section 3. (2) If any question arises before a competent authority whether any emblem is an emblem specified in the Schedule or in colorable imitation thereof, the competent authority may refer the question to the Central Government, and the decision of the Central Government thereon shall be final.

Any person who contravenes the provisions of Section 3 shall be punishable with fine, which may extend to five hundred rupees.

No prosecution for any offence punishable under this Act shall be instituted, except with the previous sanction of the Central Government or of any officer authorized in this behalf by general or special order of the Central Government.

Nothing in this Act shall exempt any person from any suit or other proceedings, which might, apart from this Act, be brought against him.

the Schedule. – The Central Government may, by notification in the Official Gazette, add to or alter the Schedule, and any such addition or alteration shall have effect as if it had been made by this Act.

The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.